Karnataka High Court
WP/8604/2023 of MR FRANCIS MONTERIO Vs VISHWAKARMA SAHAKARA BANK LTD on 28 September 2026
CNR: KAHC010190942023 NC: 2026:KHC:53674 WP No. 8604 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8604 OF 2023 (GM-DRT) BETWEEN: 1. MR FRANCIS MONTERIO AGED ABOUT 49
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 8604 OF 2023 (GM-DRT)
BETWEEN:
1.
MR FRANCIS MONTERIO
AGED ABOUT 49 YEARS
S/O MARCEL MONTERIO
R/A KULAL HOUSE AND POST,
KOLNAD VILLAGE, BANTWAL TALUK, D.K.
…PETITIONER
(BY SRI. CHANDRANATH ARIGA .K, ADVOCATE)
AND:
1.
VISHWAKARMA SAHAKARA BANK LTD
HEAD OFFICE MANGALORE,
CAR STREET, MANGALORE 575001
REPRESENTED BY IT AUTHORIZED OFFICER
ASST GENERAL MANGER OF THE BANK,
MR SURESH KUMAR B,
S/O HARISHCHANDRA B,
AGED ABOUT 52 YEARS
2.
HARISH SHETTY K
S/O LATE JAYARAMA SHETTY,
AGED ABOUT 46 YEARS,
H NO 3-294, KUDRIYA HOUSE,
KUDTHAMOGARU POST 574323,
KOLNADU BANTWAL TALUK, D. K.
3.
SHASHIKALA
W/O HARISH SHETTY K,
AGED ABOUT 40 YEARS,
Verified
HC-KAR
H NO 3-294, KUDRIYA HOUSE,
KUDTHAMOGARU POST 574323,
KOLNADU BANTWAL TALUK.
4.
MR MOIDU KUNHI P
S/O MAMMUNHIBEARY,
AGED ABOUT 49 YEARS,
1-51/1 PADEKALLU HOUSE,
NEAR ODIYOORDWARA,
KAROPADY POST 574279,
BANTWAL TALUK, D. K.
…RESPONDENTS
(BY SRI. KESHAVA BHAT .A, ADVOCATE FOR R1; SRI. V. MANJUNATH RAYAPPA, AGA FOR R2 AND R3; R4 - SERVED)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 09.01.2023 IN CRL.MISC. 8/2023 ON THE FILE OF
PRL.SENIOR CIVIL JUDGE AND CJM, D.K., IN SO FAR AS THE
PROPERTY OF THE PETITIONER IS CONCERNED, (ANNX-G); AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
This matter was heard in the morning session. The counsel on record sought pass over to seek instructions in the matter.
Verified
HC-KAR
2. This Court was of the view that the petition needs to be dismissed by imposing exemplary costs. However, in the afternoon session, the learned counsel for the petitioner, on instructions, seeks leave to withdraw the petition. Permission is accorded.
3. Accordingly, the writ petition is dismissed as withdrawn.
(SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 1 Sl No.: 23
Verified